The Federal High Court, Abuja, on Monday reserved March 4 to rule on a bail application filed by the immediate past Chief of Defence Staff (CDS), retired Air Marshal Alex Badeh.
The judge, Justice John Tsoho, reserved the date after counsel to parties made submissions for and against the motion.
“I have heard the arguments of parties made in favour and against this application. The court has reserved March 4 to deliver its ruling,’’ he said.
Mr Samuel Zibiri (SAN), counsel to Badeh, brought the application pursuant to Sections 35 (4) and 36 (5) of the 1999 Constitution.
Zibiri also hinged the application on Sections 158, 162 and 165 (2) of the Administration of the Criminal Justice Act.
The applicant’s counsel had sought the order of the court to admit Badeh to bail on self-recognition or on liberal terms pending his arraignment by the Economic and Financial Crimes Commission (EFCC).
He argued that the application was based on the ground that the applicant had on Feb.8 voluntarily gone to honour the invitation of the respondent.
Zibiri also submitted that the applicant had been detained for more than the period required by the constitution without trial.
He also argued that the allegation for which the applicant was being held was bailable, contending that the applicant would not jump bail or escape justice when admitted to bail.
According to him, the applicant has no criminal records.
He further submitted that the applicant’s health condition was `bad’ given recent surgery on his spine.
“My Lord, this point is very critical as the applicant is presently in pain for missing out on his constant post-operative checkup.
“We are urging the court to grant this application as his continued detention is a complete violation of his rights and the Administration of Criminal Justice Act,’’ Zibiri said.
On whether the court had the jurisdiction to entertain the application in view of the fact that the applicant was now being held in Lagos, Zibiri answered in the affirmative.
“My Lord, there is no question about whether the court has jurisdiction or not. The Federal High Court is one and the EFCC is equally one.
“The applicant was originally invited and interrogated in the Abuja office of the commission but was later moved to Lagos for further interrogation.
“Just as the court in Lagos admitted him on bail with stringent measures few days ago, the EFCC approach a Magistrate Court for detention warrant,’’ he said.
Zibiri said: “We see this as an abuse of court process and calculated attempt to use the lower court warrant to keep him without trial.’’
On his part, Mr Cosmos Ugwu, Counsel to EFCC, opposed the application, saying the commission should be allowed to complete its investigation.
Ugwu argued that the applicant’s current detention in Lagos was not related to the earlier issues that led to his invitation and subsequent detention in Abuja.
“My Lord, I pray the court to ignore and dismiss this application as it is not well directed.
“The court does not have the jurisdiction to hear this application in the first place as the applicant filed it from another jurisdiction.
“The commission has court warrant to hold the applicant pending the completion of investigation on this fresh matter with the Nigerian Maritime Administration and Safety Agency (NIMASA),’’ Ugwu said.
Ugwu further said: “the commission has not trampled on the rights of the applicant or breached the constitution and the Administration of Criminal Justice Act as argued by the applicant’s counsel.
“My Lord, I urge the court to dismiss the application for lacking in merit.’’
The former CDS was initially held in his role in the missing $2.1 billion arms scandal.
